TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 83

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(4) Where a person whose pension or allowance h been suspended under subsection (1) ceases to be engaged in any of the capacities specified in that subsection, the Gover- nor may, if he is satisfied that the person has so ceased to be engaged, direct that the pension or allowance shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Governor shall specify, and the pension or allowance shall be restored accordingly.";

(1) by substituting the following for section 17-

"Death gratuity.

(Cap. 89, sub. leg.)

(Cap. 89, sub. leg.)

17. (1) Subject to subsection (8), where an officer, who is not on agreement and who has completed not less than 2 years' qualifying service, dies while in service under the Government, there shall be paid a death gratuity of an amount not exceeding

(a) his annual pensionable emoluments; or

(b) the commuted pension gratuity which he would have received had he retired at the date of his death and opted for reduction of his pension by 25 per cent under regulation 23 of the Pensions Regula- tions,

whichever is the greater.

(2) In computing a commuted pension gratuity for the purposes of subsection (1), the officer's service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.

(3) Where a pensioner dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to-

(a) his annual pensionable emoluments; or

(b) the commuted pension gratuity which he would have received on retirement had he opted for reduc- tion of his pension by 25 per cent under regulation 23 of the Pensions Regulations,

whichever is the greater, less any pension or gratuity already paid or payable to him but excluding any additional pension granted under regulation 31 of the Pensions Regulations.

(4) Subject to subsection (5), in the case of an officer who dies and whose period of qualifying service under the Government is-

(a) not less than 5 nor more than 20 years; or

(b) more than 20 years but whose pensionable service is

less than 20 years,

the pensionable service which may be taken into account for the computation of death gratuity may be supplemented by deeming his pensionable service to be